Tmt.K.Meenakshi, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1470 of 2016 K.Meenakshi ... Petitioner Vs

1. The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3. The Secretary to Government, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records relating to the detention order passed by the second respondent, dated 28.6.2016 in Memo No.13/Black Marketing Act/2016, against the petitioner's husband Kumar, son of Mani, aged about 48 years, who is confined at the Central Prison, Puzhal, Chennai and to set aside the same and to direct the respondents to produce the detenu before this court and set him at liberty.

For Petitioner : Mr.V.Paarthiban For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor for RR1 and 2 Mr.S.Arockiam, CGSC for R-3

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the wife of the detenu, namely, Kumar, aged about 48 years, son of Mani, to issue a Writ of Habeas Corpus, to call for the records, in Memo No.13/Black Marketing Act/2016, dated 28.06.2016, passed by the second respondent, detaining the detenu, under Section 3(1) read with Section 3(2)(b) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980), branding him as a "Black Marketeer", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2.

At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2 would submit that the order of detention passed by the second respondent, against the detenu, dated 28.6.2016, has been revoked by the Government, in G.O. Rt. No.322, Cooperation, Food and Consumer Protection (E1) Department, dated 2.9.2016 and he has also produced a copy of the said order.

3.

Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed, as infructuous. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vvk To

1. The Principal Secretary to Government, Food and Consumer Protection Department, 2nd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai.

2. The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3. The Secretary to Government, Government of India, Ministry of Consumer Affairs, Food and Public Distribution (Dept. of Consumer Affairs), Room No.270, Krishi Bhawan, New Delhi-110 001.

4. The Superintendent, Central Prison, Puzhal, Chennai.

(In duplicate for Communication to Detenue)

5. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Arockiam, Advocate, S.R.No.67284 H.C.P.No.1470 of 2016 PK(CO) CA(23/12/2016)